1. By this appeal, the appellant (original complainant) has challenged judgment and order dated 29.06.2016 passed by the Court of Judicial Magistrate First Class, Seloo (trial Court) in Summary Criminal Case No.754 of 2012, whereby the respondent (original accused) has been acquitted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. The complainant came to the Court with a case that being a Multi State Co-operative Society, it had advanced loan of Rs.3,15,000/- to the respondent for 11 months carrying an interest @ 14.50 % P.A. In that regard, the respondent had pledged Tur Dal weighing 98.98 quintals in 101 bags with the appellant society, which was kept in the warehouse of the appellant.

3. According to the appellant, the respondent defaulted in repayment of the loan amount due to which the appellant was constrained to auction the aforesaid Tur Dal on 26.11.2011 at Seloo, from which an amount of Rs.3,07,170/- was recovered and it was adjusted towards the loan account of the respondent. According to the appellant, there was still an amount of Rs.1,09,609/- outstanding on the said loan account against the respondent, for which the appellan